OVERVIEW

The year 2006 saw a continued rise in the violations of freedoms of association, expression, assembly and movement. 2006 was markedly worse than 2005 as regards violations of these freedoms. There was a shift from the use of the Public Order and Security Act (POSA) and the Miscellaneous Offences Act (MOA) to the use of the Criminal Law Codification Act, which is just as notorious. These Acts have been used to take away the rights to freedom of expression, association, assembly and movement.

Students demonstrated throughout the year against the tuition fee hikes at higher and tertiary education institutions and they were met by brute force from the police as shall be seen in this report. The Women of Zimbabwe Arise (WOZA), National Constitutional Assembly (NCA), Zimbabwe Council of Trade Unions (ZCTU) and other organizations continued to demonstrate, in spite of the brute force, assault, torture, intimidation and general repression they met from the police and other agents of the state. The use of the Criminal Law Codification Act rather than the condemned POSA seems to reflect that the Government wants to keep everyone on their toes. POSA was condemned together with the Access to Information and Protection of Privacy Act (AIPPA) by the African Commission on Human and Peoples’ Rights Fact-Finding Mission in 2002 in their recommendations to Zimbabwe. The African Commission urged the Government to either repeal or amend this repressive legislation. The Criminal Law Codification Act was not condemned by the African Commission but it is possibly more repressive than POSA.

The use of torture was widespread in 2006. The torture of students from Bindura State University and the ZCTU demonstrators in May and September respectively dealt a huge blow to civil society and for the respect for and protection of human rights in Zimbabwe. Torture is regarded internationally as a gross human rights violation and should never be condoned under whatever circumstances.

In 2006 Government declared its intention to set up a Human Rights Commission for Zimbabwe. This met with strong criticism from civil society, which reiterated the necessity for the adherence to international human rights instruments and the Paris Principles.

This report proffers a comparative analysis between the two years, 2005 and 2006. It is sad to note from the findings that the human rights situation in Zimbabwe continued to decline in 2006. The Human Rights NGO Forum urges Government to take seriously and adhere to international human rights treaties to which it is a party.

The Human Rights Forum issued a number of analytical reports during 2006 (see Appendix), which in themselves are an indication of the serious deterioration in the human rights climate in 2006. Three reports, dealing with Operation Murambatsvina, violations by the Zimbabwe Republic Police, and violations against women, offered serious critiques of the Zimbabwe government’s failure to ensure the observance of human rights. The other reports, dealing with the response of the Zimbabwean courts to civil suits by victims of human rights abuses, the Zimbabwe government’s response to the concerns of the EU, and the prospects for transitional justice, amplified and extended many of the conclusions in the data-driven reports.

Totals: 1 December–31 December 2006

Cumulative Totals: 1 January–31 December 2006

The graph should be read along with the table depicting the monthly totals of violations from 1 January 2006 to 31 December 2006. The total quantifiable number of victims reported in December 2006 is 10.

Cumulative Totals: 1 January-31 December 2005

Key Abbreviations

Sources: The information contained in this report is derived from statements made to the Public Interest Unit of the Zimbabwe Human Rights Forum, statements taken by a network of human rights activists and newspaper reports,

Notes to the tables:

Torture:

All cases of torture fall under the definition of torture according to the general definition given in the United Nations Convention against Torture and Other Forms of Cruel, Inhuman and Degrading Treatment and Punishment.

The four elements of torture are:

1. Severe pain and suffering, whether physical or mental

2. Intentionally inflicted

3. With a purpose

4. By a state official or another individual acting with the acquiescence of the state.

Those individuals referred to in point # 4 include the ZRP, ZNA, ZPS and the ZNLWVA (as a reserve force of the ZNA) and by any other grouping when directly sanctioned by the state.

Unlawful arrest and detention:

Arrest by the Zimbabwe Republic Police (ZRP) with no reasonable suspicion that an offence has been committed. Detention thereafter for a period exceeding 48 hours without access to redress through the courts or subsequent release without charge.

Abduction/kidnapping:

A kidnapping by a member(s) of an organised group that is not the ZRP, political party, ZNLWVA, ZNA, MDC, Zanu PF etc

Disappearance:

Kidnapped persons whose whereabouts remained unknown at the time of reporting. Their whereabouts have still to be ascertained through follow up reports or further investigation.

Property related

These are incidents in which property rights have been violated. This includes arson, property damage and destruction and theft.

Cases of Political Violence

Note: The identities of victims whose names have not been published in the press and are not public officials are protected. This is done in order to protect the victim from further violence, intimidation and possible recriminatory attacks.

The purpose of this report is to record the nature of the politically motivated violence and intimidation that continues to prevail in the country. The Monthly Political Violence Reports are primarily based on victims’ accounts, accompanied by medical evidence where possible, obtained from member organisations of the Human Rights Forum and other partner organisations. Use is also made of press reports on politically motivated violence. The Monthly Political Violence Report cannot therefore be considered as the exhaustive record of all incidents of politically - motivated violence in Zimbabwe in the period under review. Nevertheless, every incident reported to the Human Rights Forum directly or through its members is meticulously documented and included in the reports. Care is also taken to record the incidents in the language in which they were reported to the Forum.

The situation prevailing in the country is such that it has not been possible to verify all of these accounts. The Human Rights Forum has done what it can to verify the reports, and is satisfied that the vast majority of them are substantially true. It is also not possible to rule out whether a victim’s account is exaggerated or contains inaccuracies.

All reports derived from the press are denoted with the symbol ∑.

Harare

Chitungwiza

12 December 2006

At about 14:30 hrs, a male victim was reportedly distributing flyers with his colleagues for people to adhere to an MDC stay away. As they were distributing the flyers, 3 trucks carrying police officers approached them and ordered them not to hand out the flyers. They asked the officers if it was unlawful to distribute flyers. The police officers allegedly responded by assaulting them and throwing teargas cannisters at them. The victim tried to run away but he fell into a ditch. He believes he inhaled a lot of teargas.

In the same incident a male victim, who was at his house, was reportedly arrested for distributing the above-mentioned flyers. He was taken to Makoni Police Station where he was interrogated over the distribution of the flyers. An elderly man who is a member of ZANU-PF was present and accused the victim of having distributed the flyers. He was then allegedly struck on the head by the police.

A 3^rd victim, a female, went to C Junction where she saw the flyers scattered around the road. She picked some up to read. As she was reading one of the flyers, the police arrived and arrested her. She reports that she had no idea who had put the flyers there. She was taken to Makoni Police Station and interrogated over the contents of the flyers. The victim was allegedly assaulted by the police officers and later taken to Harare Central Police Station on Wednesday at around 18:00 hrs. She was released after paying a fine of Z$ 250.

13 December 2006

A male victim reports that he attended an MDC stayaway in Chitungwiza the previous day. On the date of the incident, he was standing at a junction near Seke Teachers College. When he saw police officers, who were looking for those who had attended the stayaway, he hid behind some bushes but was spotted. He tried to run away but he was kicked on the leg by the police officers and had difficulty standing up.

17 December 2006

A male victim reports that on the date in question at about 21:00 hrs he met 2 men known to him to be from the Job Sikhala¹ group of the Pro-Senate MDC faction. The 2 allegedly assaulted him with a log for having attended an MDC anti-Senate rally in Chitungwiza. He reportedly fell to the ground screaming. He was later told that he lost consciousness for a short while. The next day he reportedly went to report the matter to Job Sikhala. The 2 assailants are said to have admitted that they had in fact assaulted the victim. Job Sikhala allegedly gave him $5000 dollars and ordered him not to report to the police or else he would be forced to leave the St Mary’s area.

Hatfield

28 December 2006

∑. Unknown assailants poured petrol and set light round the home of the Chairperson of the NCA Dr. Lovemore Madhuku. It is reported that Madhuku and 9 other occupants of his house woke shortly after midnight on Saturday to find flames surrounding the house. After 10 minutes, those inside the house broke windows and managed to put out the flames. A 5 litre bottle of petrol was found hidden next to the wall. The press reports that it is suspected that state agents carried out the attack.

Mashonaland Central

Mt Darwin North

7 December 2006

The middle aged male victim reported that on the date in question he was assaulted by 2 ZANU PF supporters known to him using bricks and stones. He was assaulted for being an MDC activist.

Shamva

14 December 2006

On the day in question 2 victims were arrested on allegations of stealing cattle in their home area in Shamva. They were taken to Madziva Police Post were they were allegedly assaulted by 2 police officers who they named. The police officers reportedly assaulted them using fists and booted feet as well as batons under their feet. One of the victims reportedly sustained injuries on the buttocks, upperback and rib area while the other sustained injuries on his buttocks and face. They were detained at Madziva Police Post overnight and later remanded for a month. They were later released on bail.

Shamva

22 December 2006

The victim, who was the MDC candidate for Ward 5 Shamva in the Rural District Council (RDC) elections, claims that she was threatened by Zanu PF supporters into leaving her home and family due to her participation in the RDC election. She is now in hiding fearing that she might be assaulted or killed by the ZANU PF supporters.

COMPARATIVE ANALYSIS

As indicated earlier, 2006 appears to have been the worst year yet for the number of violations reported to the Human Rights Forum. In fact, 2006 accounts for 27% of all violations reported to date, and 2005 and 2006 together are nearly half of all violations since the Human Rights Forum began giving statistical reports in July 2001. This can be clearly seen from the Table below. Furthermore, it can be seen that the overall trend, apart from 2004, shows that human rights violations have been increasing each year since 2001.

Table 1

	2001	2002	2003	2004	2005	2006	Totals
Abductions	116	223	52	62	18	11	482
arrest & detention	670	274	627	389	1286	2917	6163
Assault	0	86	388	401	530	509	1891
attempted murder	0	2	10	8	1	3	24
death threats	0	12	80	35	9	7	143
disappearance	0	28	4	0	0	0	32
displacement	0	11	208	189	609	55	1072
Freedoms	12	39	809	760	1036	1866	4522
Murder	34	61	10	3	4	1	114
Political discrimination	194	388	450	514	488	296	2310
property violation	356	807	153	132	79	58	1564
Rape	0	7	6	3	4	1	21
school closure	0	45	1	0	0	0	46
Torture	903	1172	497	160	136	368	3236
Total	2285	3155	3295	2656	4200	6092	21620

Against this understanding, some brief comparisons between 2005 and 2006 are made. The trends between the 2 years will be analysed. The full details of the violation recorded during 2005 and 2006 are given below.

Table 2

	2005	2006
Abductions	18	11
Assault	530	509
Attempted murder	1	3
Death threats	9	7
Disappearance	0	0
Displacement	609	55
Freedoms	1036	1866
Murder	4	1
Political discrimination	488	296
Property violation	79	58
Rape	4	1
School closure	0	0
Torture	136	368
Unlawful arrest	6582	1460
Unlawful detention	628	1457
Total	4200	6092

As can be seen from the Table above, there were many more violations recorded in 2006 than in 2005. 2005 had recorded the highest number of violations since the Forum began recording in July 2001. However 2006 has far surpassed 2005. Very marked increases are seen in the number of unlawful arrests & detentions, torture and interference with basic freedoms. Overall it cannot be concluded that 2006 has seen any improvement in the human rights climate.

The Parliamentary elections in 2005

2005 was another election year, and, as in the past, the Forum anticipated a marked increase in the number of violations. The elections in 2005 were held against the standards of the SADC Principles and Guidelines for Democratic Elections, and these ostensibly provided a set of criteria for evaluating the validity of elections. The Forum produced 2 reports on the elections, and unequivocally indicated that neither the pre-election period³, nor the election itself⁴, conformed to the Principles and Guidelines.

Although it was generally concluded that the 2005 elections were less violent than elections in the previous 5 years, they were not free from human rights violations, and certainly allegations about the political use of food abounded⁵. It is evident, from the Forum’s own data, that there was a significant rise in reported violations during the 3 months prior to the March Parliamentary Election in 2005.

Thus, the Forum was able to conclude, in respect of the 2005 Parliamentary Elections:

“Although many of these reports do not come from non-partisan sources, the allegations of violence and denial of food aid are remarkably consistent with the reports of threats made prior to the elections, outlined earlier in this report. This consistency lends credibility to all allegations of this nature made prior to, and after, the elections. It also supports the hypothesis advanced in this report that ZANU(PF) won the election in a manner which was neither free nor fair, not due to stuffed ballot boxes, but by creating a captive electorate dependent upon the favours of the ruling party and one which was starved of information, free choice and food.”⁶

Operation Murambatsvina

The 2005 Parliamentary Elections were followed very quickly by the now-notorious Operation Murambatsvina. The magnitude of the displacements drew widespread comment, and the Forum has issued 3 reports in connection with this event⁷. It is not the intention of this report to re-cover the ground of these two previous reports, but it is worth making several brief comments on events subsequent to the publication of the reports.

Firstly, it is evident that the Government of Zimbabwe has shown little inclination to accept any liability for the enormous harm caused to many hundreds of thousands of ordinary Zimbabweans, and, as was pointed out in the second Forum report, continues merely to vilify and denigrate all persons and organizations, which raised concerns about Operation Murambatsvina.

Secondly, the concerns raised by the Forum and others were matched by the 2005 resolution of the African Commission for Human and Peoples’ Rights on the human rights situation in Zimbabwe. Again the Government of Zimbabwe has responded by vilifying and denigrating the Commission, rather than addressing directly the concerns of all these parties and bodies. Here it is worth pointing out that the African Commission, in its resolution on Zimbabwe, raised many other areas of concern, including the continuation of gross human rights violations, the continued application of draconian legislation, and amendments to the Constitution of Zimbabwe. These are all issues about which the Forum has seen fit to comment in the past.

Thirdly, there was evidence that the Government of Zimbabwe was obstructing efforts by humanitarian agencies to render assistance to those affected by Operation Murambatsvina, which is contrary to the Government’s Responsibility to Protect.

Thus, the Forum remains concerned about the effects of the displacements, and considers that the crisis engendered by the Government was continuing rather than abating as the Government asserted.

Despite the 2 major events above in 2005 wherein a number of violations were committed, 2006 saw a rise in the number of violations recorded even though 2006 was not an election year. Of note in 2006 is the rise of incidents of torture. Two major events stand out as regards torture in 2006, the ZCTU demonstration of September 2006 and the Bindura State University demonstrations of May 2006. During these 2 events students and ZCTU activists were brutally tortured and assaulted by a regime that desperately tries to hold on to power. This intention was clearly manifested in December when ZANU-PF held its annual congress in Goromonzi and tried to institute through a party caucus, the postponement of the 2008 Presidential Elections and the synchronization of the Presidential and Parliamentary Elections to a further date, 2010.

Assault and other incidents of violence

Incidents of assault were higher in 2005 as compared to 2006 recording 530 and 509 respectively for each year. In 2005 the highest number of assaults recorded in a month were for March, which recorded 259, almost half the number of assaults recorded in the year. This is attributable to incidents surrounding the 31 March 2005 Parliamentary Elections, which included the Women of Zimbabwe Arise (WOZA) vigil on the night of the elections themselves. WOZA held a candlelight vigil as they prayed for divine intervention that the elections would not be rigged. In the process, the women who had gathered at Africa Unity Square, Harare, for the vigil were assaulted and arrested under POSA. In the run up to the elections, there were also assaults reported against MDC candidates and activists who were apparently assaulted for trying to campaign particularly in Zvimba North.

The highest number of assaults recorded for 2006 was 178, which was for May. This was also the highest number of assaults between the 2 years. This number is attributed to the Budiriro House of Assembly By-elections and the “commemoration” of Operation Murambatsvina by civil society led by Crisis in Zimbabwe Coalition. The commemoration was for 2 months starting 18 May, the date on which the year before, the government had destroyed not only the informal settlements and businesses but the lives of many people as well. Operation Murambatsvina is described above. Most importantly the large number of assaults in May 2006 is attributed to the rapine torture, assault, and wanton disregard for human dignity and the integrity of the human person carried out by the police and intelligence officers against unarmed innocent students who were boycotting classes at Bindura State University. The students were boycotting the classes in an effort to let the Government and the Ministry of Higher and Tertiary Education understand that the tuition and accommodation fee hikes were untenable. The fees had been hiked in February 2006 to a level that far surpassed the loans the students were being offered. This effectively meant that tertiary and higher education had become a preserve of the rich.

The least number of assaults recorded in 2006 was in June and December 2005, which recorded 4 incidents in 2006 and 8 in 2005. December 2006 recorded 6 incidents of assault. December is usually a month where most organizations are preparing to close down so the low numbers might not necessarily reflect a reduced incidence of violations but the fact that information collected in December is collected within a short period of time as the organizations are closing shop for the Christmas and New Year holidays. The 4 cases recorded in June 2006 are the least cases of assault recorded in both years. One might take this as a welcome state of events as regards human rights adherence by the State. However, in this month, the use of intimidation was very high. Civil Society leaders and church leaders were intimidated by state security agents in order to deter protests which were set for 22 June. Could it be assumed that the state felt that intimidation alone would suffice to achieve its goals since the torture and assaults of the Bindura State University students were still resonating in the minds of many?

Abduction and kidnapping

Abduction/kidnapping was higher in 2005, when 18 cases were recorded, whereas only eleven cases were recorded in 2006. This is a decrease and a welcome change and it seems the trend is that incidents of abduction and kidnapping continue to be on the decline, 2004 had recorded 62 cases. For 2005, the highest number of abductions recorded is 6, in March and the lowest are 0, recorded in the months of July and September through to December. The 6 recorded in March were recorded during the March 2005 Parliamentary Elections. Elections in Zimbabwe are usually a focus for an increase in human rights violations. May 2006 recorded 5 abduction and kidnapping violations. This was during the Bindura State University tortures, the Budiriro House of Assembly By-election and a number of NCA demonstrations in support for a new constitution for Zimbabwe. October and April recorded 2 incidents each, July and March recorded 1 incident each while all the other months had no incidents of abduction and kidnapping.

Attempted murder

There were was only 1 attempted murder recorded in 2005, having been recorded in September during a new wave of farm invasions, which befell the country, particularly in Manicaland, in Chipinge and Nyazura areas. 2006 recorded 3 cases of attempted murder, 2 in April and 1 in December. April 14 saw the torture and attempted murder of Nixon Nyikadzino, an NCA activist, by Military Intelligence officers.

Death Threats

2005 recorded a total of 9 cases of death threat of which 3 were in April. This was part of the post election retribution that pervaded the country after 31 March 2005 Parliamentary Elections and also the MDC demonstration against the election results. In May and October 2 incidents were recorded each month and in January and March there were 1 each. 2006 saw a slight decrease in the number of death threats recording a total of 7, 2 in March and April and 1 in June, July and December.

Disappearances

Disappearances are becoming more and more an uncommon phenomenon in Zimbabwe. In 2005 as in 2006 there were no disappearances recorded. This is a welcome state of events.

Displacement

Displacements were markedly higher in 2005 than in 2006, 609 and 55 respectively. The highest in 2006 was 54 in April followed by 1 in December. The 54 cases in April were due to the eviction of residents of Nenyere Flats in Mbare by ZANU-PF activists who wanted to occupy the places and also due to the eviction of squatters along Macheke River in Masvingo by the police. Some ran away due to violence being perpetrated against them. 2005 saw a very high increase in incidents of displacement due to Operation Murambatsvina/Restore Order.⁸ In August 2005 the highest displacement incidents were recorded between the 2 years under review, amounting to 500 incidents. This was due to displacements at Donhoro farm. In May when Operation Murambatsvina began, 27 displacements were recorded, which was lower than April where displacements were due to post-election retribution when 55 displacements were recorded. In January 2005 17 displacements were recorded that were associated with Vice President Mujuru’s celebrations on her appointment as Vice President, which led to political violence throughout the country.

Freedom of expression/association/movement⁹

The right to freedom of expression, association and movement continues to be the most violated right in Zimbabwe. This is possibly due to POSA and other repressive legislation as well as a general culture of repression and intolerance. In 2005, a total of 1036 violations of this right were recorded, which is markedly lower than the 1866 recorded for 2006. This shows that violations of this right are by no means decreasing. In 2005, the highest number was recorded in May viz 349. This was linked with the continuation and intensification of post election retribution. The election month itself, March 2005 recorded 268 violations of the right to freedom of expression, association and movement. In December the least number of incidents, namely 8, were recorded.

In 2006 the highest number of the violations to the right to freedoms was recorded in September, which recorded 560 violations. This was the month in which WOZA women demonstrated against poor service delivery by Harare City Council and ZCTU demonstrated and their members were brutally assaulted and tortured. February 2006 recorded a very high number of violations of this right as well, namely 410 cases. This was due to WOZA demonstrations against the deteriorating state of the economy as well as country-wide demonstrations by students against increases in tuition fee hikes in tertiary and higher education institutions. The NCA also demonstrated in this month on the President’s birthday. All these demonstrations, like all demonstrations in Zimbabwe, were met by brutal suppression and undue force against the unarmed citizens. This was done in clear violation of the Constitution of the country and article 19 of the UN Universal Declaration of Human Rights, article 9 of the African Charter on Human and Peoples’ Rights and against the resolution by the African Commission of 2005 that POSA and AIPPA should either be amended or repealed to give full observance to the right to freedom of expression. The lowest number of cases on this right was recorded in June 2006, being only 4 violations.

Murders

In 2005, 4 people were murdered in politically motivated circumstances. Of the 4 people murdered in 2005, 2 were ZANU-PF, one was from the MDC and the other unknown. In April, during post election retribution, Ebrahim Mofat, an MDC activist, was murdered by ZANU-PF activists on 28 April in Hurungwe East constituency. In the same month Febby Muchacha was murdered at Kimcote farm in unclear political circumstances in a gruesome murder that shocked Zimbabwe. The other 2 murders were of Gift Chimbandi and Godwin Ganda in March and May respectively. Gift Chambandi was burnt to death when his house was burnt down.

A case of wrongful death took place in August when Prince Chabuda was shot dead by plain-clothes police detectives who are reported to have mistaken the vehicle he was travelling in for one that was being used by a gang of robbers. The death has been categorised under murder.

The Forum continues to urge state agents to exercise restraint and due care and diligence in the exercise of their duties and adhere to Basic Principles on the Use of Force and Firearms by law enforcement officials (the Basic Principles), adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, 1990, United Nations Code of Conduct for Law Enforcement Officials, adopted December 17, 1979, G.A res 34/169, annex, 34 U.N. GAOR Supp. (No.46) at 186, U.N. Doc. A/34/46 (1979), which stipulate that the use of force should be restrained until and unless it is absolutely necessary.

Political discrimination/intimidation/victimization

More cases of political discrimination/intimidation/victimisation were recorded in 2005 than in 2006, 448 and 296 respectively. In 2005, the highest number of cases was recorded in March at 128 and April being relatively close at 113 cases. The lowest number of cases in 2005 was in December, namely 4. March 2005 saw the Parliamentary Elections and the WOZA vigil and April saw post-election retribution as well as an MDC demonstration against the results of the March 31 Parliamentary Elections. May 2006 recorded the highest number of political discrimination/intimidation/victimization cases, 179 and July and August recorded 2. In May 2006, the events surrounding the Budiriro House of Assembly By-election, Bindura students’ torture and the NCA demonstration account for the high number of cases recorded.

Property related

Property-related violations of human rights decreased from 79 in 2005 to 58 in 2006. Violations of this right are on the decrease possibly due to the individual personal criminal concequenses that can befall perpetrators.

Rape

In Kadoma West, there was one incident of rape recorded in October 2006. The victim was allegedly assaulted and raped by ZANU PF activists at Tsungai Business Centre. 2005 recorded 4 cases. The 4 cases in 2005 occurred in April at Kimcote farm in a gruesome incident that pricked the conscience of many Zimbabweans. There is a decline in 2006 to just a single case. The low figures undoubtedly reflect the reluctance of victims to report.

School closure

School closure is one of the less violated category of rights. There were no incidents of school closure recorded either year under review.

Torture

Torture remains a perennial problem in Zimbabwe. The highest number of torture cases recorded in 2005 was in March, being 98 cases, which occurred during the Parliamentary Elections. These were mostly attributed to the 97 WOZA women who were allegedly tortured on the night of 31 March 2005, while holding a prayer vigil for the elections not to be rigged. There was a marked increase in the incidents of torture from the 136 in 2005 to 368 cases in 2006. These are attributed to the ZCTU demonstrations in September and the Bindura State University students’ demonstration and subsequent barbaric torture in May 2006. September 2006 recorded the highest number of cases in the year, 143 in total and May recorded 86.

The practice of torture is proscribed in all international human rights instruments to which Zimbabwe is a party. The Universal Declaration on Human Rights (Article 5), the International Covenant on Civil and Political Rights (Articles 7 and 10) the African Charter on Human and Peoples’ Rights (Article 5) all unequivocally prohibit the practice of torture. The provisions in these international human rights treaties are legally binding on states parties and Zimbabwe has every obligation to adhere to the norms enshrined therein. The fundamental nature of the human right to be free from torture is emphasized by the fact that under the major international human rights instruments no derogation is permitted from this right either in times of “public emergency which threatens the life of the nation”¹⁰ or “in time of war, or other public emergency threatening the life of the nation” or “in time of war, public danger, or other emergency that threatens the independence of Security of a State Party.” Article 3 of the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) states, “No state may permit or tolerate torture or other cruel, inhuman and degrading treatment or punishment”. The Forum notes with great concern that after the torture of ZCTU members, the President of Zimbabwe Mr Robert Gabriel Mugabe condoned and encouraged the police to continue in this disgraceful conduct when he said “when the police say move, you move. If you don’t move, you invite the police to use force”.¹¹ Zimbabwe is also urged to ratify and domesticate CAT.

As can be seen from Table 1 on page 8, torture has been increasing in 2006, with more than double the number of cases of 2005. It is also the case that torture is not merely confined to political cases, and more cases are being reported of torture being used in ordinary criminal cases. This is a very matter, and it is clear that there is need for serious reform of the Zimbabwe Republic Police. Here it is worth pointing out that the practice of torture by the Zimbabwe Republic Police has been mentioned in other reports of the Human Rights Forum, and is also confirmed by civil suits mounted by the Forum in the Zimbabwean courts.

Unlawful Arrest and Detention

2005 recorded an increase in the number of unlawful arrests and detention-658 unlawful arrests and 628 unlawful detentions from 2004¹² but 2006 was markedly higher than 2005. 2006 recorded 1460 unlawful arrests and 1457 unlawful detentions. Unlawful arrests and detentions go hand in glove but sometimes an arrest can be lawful but the detention is unlawful because it exceeds the time stipulated in the Criminal Procedure and Evidence Act viz 48 hours and this does not include weekends or public holidays.

2005 was the worst single year since the Forum began publishing monthly reports in July 2001 as stated in our 2005 December Monthly Political Violence Report. 2006 is markedly worse than 2005. The total number of violations in 2005 was 4200 and in 2006 it was 5792. This shows that human rights violations continue to be on the increase rather than on the decline. Of note is the fact that gross human rights violation categories like torture continue to be on the rise.

The table below and the graphs on page 3 above depict the number of violations committed on the persons whose circumstances are described in the report. One individual may have been subject to many violations and thus appear under several categories of violations.

Monthly totals of human rights violations from 1 January 2005 to 31 December 2005